G.R. Raju vs B. Loganathan
2021 Latest Caselaw 6415 Mad

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                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated : 10.03.2021

                                                       CORAM:

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                                 C.S.No. 838 of 2001

                G.R. Raju                                                               ... Plaintiff
                                                          Vs.

                1. B. Loganathan
                   Proprietor,
                   Shree Siddhi Vinayakar

                2.   B. Balaji
                3.   Sony Entertainment Television,
                4.   Cine Channel & C News
                5.   Shemaroo Video Ltd.,
                     Rep. by its Director.                                          ... Defendants



                Prayer:
                          Civil Suit is filed under Section 55 of the Copy Rights Act, 1957 (a) for a
                declaration that the plaintiff is the absolute owner of the limited copyright
                namely the Cable TV rights for a period of 10 years from 11.10.1999 and Pay
                TV and Internet rights for a period of 25 years from 16.04.2000 in the picture
                PREM PRATHIGNA - Hindi - Colour, starring Mithun Chakravarthy, Madhuri
                Dixit, etc. and directed by Bapur for the entire world. (b) for a permanent
                injunction restraining the defendants, their men, agents, assignees or any person
                acting on their behalf from exploiting or interfering with the plaintiff's limited
                copyrights namely the Cable TV rights and Pay TV and internet rights for the
https://www.mhc.tn.gov.in/judis/
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                entire world in the picture PREM PRATHIGNA - Hindi - Colour, starring
                Mithun Chakravarthy, Madhuri Dixit, etc., and directed by Bapu and for costs
                of the suit.


                                          For Plaintiff     :       Mr.C.Ramesh

                                          For D3 to D5      :       No Appearance
                                                            -----

                                                JUDGMENT

Heard Mr.C.Ramesh, learned counsel for the plaintiff.

2. The suit had been filed under Section 55 and 63 of the Copy Right

Act, 1957, seeking for a declaration that the plaintiff is the absolute owner of

the limited copyright namely the Cable TV rights for a period of 10 years from

11.10.1999 and Pay TV and Internet rights for a period of 25 years from

16.04.2000 in the picture PREM PRATHIGNA - Hindi and for permanent

injunction and for costs of the suit.

3. Since there is an assertion of an intellectual property right, the

Commercial Division of this Court will have necessary jurisdiction to examine

the issues raised under Section 2 (1) (c) (xvii) of the Commercial Courts Act,

2015.

https://www.mhc.tn.gov.in/judis/

4. The learned counsel for the plaintiff submitted that he had been

instructed by the plaintiff to inform the Court that the relief sought in the

present suit does not survive.

5. In view of the same, the Civil Suit is dismissed for non prosecution.

No order as to costs.

10.03.2021

Index:Yes/No Web:Yes/No Speaking order : Yes / No msm

https://www.mhc.tn.gov.in/judis/

C.V.KARTHIKEYAN, J.

msm

C.S.No. 838 of 2001

10.03.2021

https://www.mhc.tn.gov.in/judis/